Ex Parte Sung et al - Page 6


               Appeal No. 2005-1574                                                                                                  
               Application 09/753,428                                                                                                

               the surface embossed texture is imparted in whole or in part by patterned rollers before the                          
               extruded material is solidified, wherein the patterned rollers can remove foam bubbles and areas                      
               of burst bubbles from the surface.                                                                                    
                       We determine that this language of step “E.)” in combination with the transitional term                       
               “comprising” encompasses an embodiment illustrated by a post-extruder treatment system                                
               shown in specification Fig. 3,3 wherein the extruded material formed by die head and die lip                          
               assembly 42 crosses a space before entering cooling roller unit 117 and introduced to the nip                         
               between the two rollers that would have been understood by one of ordinary skill in this art to be                    
               counter-rotating, wherein cooling roller unit 117 can have “zero to three sets of two rollers” and                    
               the temperature can be controlled at a range of about 5° to about 30°C, that is, about 41° to about                   
               86°F (specification, e.g., page 32, ll. 11-15, and page 33, ll. 2-8);  the thus rolled and cooled                     
               extruded material crosses a second space before entering roller system 110 and introduced to the                      
               nip of the first two rollers and then the nip of the second and third rollers of three counter-                       
               rotating rollers, wherein the temperature can be controlled at a range of about 25° to about                          
               250°C, that is, about 77° to about 482°F (id., e.g., page 33, l. 10, to page 34, l. 2);  and the thus                 
               further rolled and cooled extruded material crosses a third space before encountering support                         
               rollers 120, on which the extruded material is still further cooled and solidified, generally under                   
               ambient temperature which can be intensified by blowers (id., e.g., page 34, 1l. 3-6).  We                            
               determine that one of ordinary skill in this art would understand that the roller surfaces, both                      
               patterned and smooth, of roller systems 117, 110 and 120 shape as well as cool the extruded                           
               material.                                                                                                             
                       We find that Cope would have disclosed a composite extrusion profile, which can be                            
               extruded material, prepared from a foamed extruded material that has “a smoother skin in the                          
               final product” than in the prior art, which can be used for, among others, moldings and window                        
               and door frames, wherein material that contains wood flour and a blowing agent “is extruded                           
               through a die and into the shaper,” and wherein “[t]he material expands or foams as it enters the                     
                                                                                                                                    
               3  We note here that the means-plus-function limitation in step “D.)” does not limit step “E.)” to                    
               any additional structure associated with the structure disclosed in the specification to which the                    
               language of step “D.)” is limited.  Thus, we do not interpret claim 21 as limited to the cooling                      


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